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COVID-19 EU PolicyWatch

Database of national-level responses

Eurofound's COVID-19 EU PolicyWatch collates information on the responses of government and social partners to the crisis, as well as gathering examples of company practices aimed at mitigating the social and economic impacts.

Factsheet for case PL-2021-19/1952 – measures in Poland

Ombudsman for SMEs asks to enable companies to appeal decisions on aid

Rzecznik MŚP wystąpił o wprowadzenie możliwości złożenia przez firmy odwołania ws. pomocy covidowej

Country Poland , applies nationwide
Time period Open ended, started on 03 May 2021
Type Other initiatives or policies
Category Supporting businesses to stay afloat
– Direct subsidies (full or partial)
Author Jan Czarzasty (Warsaw School of Economics) and Eurofound
Case created 11 July 2021 (updated 21 July 2021)

Background information

Since the first outbreak of the COVID-19 in the spring of 2020, enterprises (self-employed included) could claim public support. The anti-crisis aid have been administered in such a way that eligible - in light of the Anti-crisis Shield - enterprises could apply for public support to regional labour offices and district administration. However, the decision is to be taken single-handedly by the office where the application is submitted. No appeal procedure in case of negative decision is envisaged.

In an attempt to solve the issue, the SME Ombudsman filed a petition to the Ministry of Development, Economy and Labour to introduce the possibility for entrepreneurs to appeal against the refusal to grant public aid by directors of regional labour offices and head of district administration.

Content of measure

The Ombudsman for SMEs suggests in the petition that refusal to grant the aid applied for should take place by decision from which the applicant will be entitled to lodge an appeal or a request for reconsideration of the case pursuant to the principles set out in the Act of 14 June 1960 Code of Administrative Procedure (i.e. Journal of Laws of 2020, item 256, as amended).

In other words, the whole procedure should be put within the administration law framework. At the moment only civil law provisions apply, apart from the the regulations set out in the anti-crisis legislation (Anti-Crisis Shields).

Use of measure

The position has been submitted, no official reaction is known yet.

Target groups

Workers Businesses Citizens
Does not apply to workers SMEs
Does not apply to citizens

Actors and funding

Actors Funding
Company / Companies
National funds

Social partners

Social partners' role in designing the measure and form of involvement:

Trade unions Employers' organisations
Role Unknown Unknown
Form Not applicable Not applicable

Social partners' role in the implementation, monitoring and assessment phase:

  • Unknown
  • Main level of involvement: N/A

Involvement

Social partners have not been involved formally.

Views and reactions

No official statements.

Sources

  • 03 May 2021: Ombudsman for SMEs requests a possibility for the companies refused the anti-crisis aid to appeal against the decision (www.bankier.pl)

Citation

Eurofound (2021), Ombudsman for SMEs asks to enable companies to appeal decisions on aid, case PL-2021-19/1952 (measures in Poland), COVID-19 EU PolicyWatch, Dublin, http://eurofound.link/covid19eupolicywatch

Disclaimer: This information has not been subject to the full Eurofound evaluation, editorial and publication process. All information is preliminary and subject to change.